Chief Justice D Y Chandrachud hailed the recent enactment of new criminal justice laws as a transformative moment for society, saying India is set for an overhaul of its criminal justice system.
Addressing a conference on ‘India’s Progressive Path in the Administration of Criminal Justice System,’ the Chief Justice said that successful implementation of the new laws hinges upon adaptability by those tasked with enforcement.
Chandrachud noted that these laws mark a transition for India’s legal framework on criminal justice, introducing much-needed enhancements to safeguard the interests of victims and streamline investigation and prosecution processes.
“India is set for a significant overhaul of its criminal justice system with the upcoming implementation of three new criminal laws…These laws signify a watershed moment for our society because no law affects the day-to-day conduct of our society like the criminal law,” he said.
“The enactment of these laws by Parliament is a clear indication that India is changing and on the move, and needs new legal instruments to deal with the current challenges,” the CJI said.
Union Law Minister Arjun Ram Meghwal, Attorney General R Venkataramani, and Solicitor General Tushar Mehta were among attendees at the conference.
Scheduled for implementation on July 1, the new laws — Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Act — promise comprehensive reforms to India’s criminal justice system. Notably, the provision concerning hit-and-run cases by vehicle drivers will not be immediately enforced.
Referring to the 248th Report of the Standing Committee of the Rajya Sabha on the Bharatiya Sakshya Samhita, Chandrachud highlighted the criminal justice system’s struggle to keep pace with rapid technological advancements shaping contemporary crime.
The Chief Justice also spoke about the significance of adapting legal frameworks to address emerging challenges, particularly in combating digital-age crimes. He emphasized the importance of protecting privacy rights while navigating the digitization of proceedings and creating digital evidence.
While acknowledging the potential of technology to enhance efficiency, Chandrachud urged vigilance in safeguarding citizens’ privacy to foster public confidence in the criminal justice system.
“We must inspire public confidence in securing the privacy of our citizens to gain an overall efficiency and trust in the criminal justice system. Technology holds the key to a futuristic court system,” he said.
In light of the new laws, Chandrachud stressed the need for substantial investment in infrastructure, capacity building for forensic experts, and training for investigating officers to maximize their efficacy. He also advocated for multi-disciplinary investigating teams to improve investigations, emphasizing an approach rooted in justice and civil liberties.
“I expect that with the implementation of the new criminal laws, we will discover loopholes and areas which need to be addressed. Such debates would be helpful in enhancing the efficiency of our criminal justice systems. However, the ideological framework at the heart of our analysis must be justice oriented with a civil liberty centric approach which balances the interests of the victim and the accused,” he said.